For several decades now, the ubiquity of an explosion in lawsuits in the U.S. has been coherent with a public obsession for litigation, the growing lawyer population, and the enactment of new laws and amendments of others, particularly in the field of employment and labor. Accordingly, many people, particularly employees, are ready, some even zealous, to take legal action at the slightest provocation, particularly when they feel that their rights are being infringed upon, expecting to receive millions of dollars in compensation and relief. Unfortunately, such expectations are, in most cases, instigated by the thought of a “million-dollar lawsuit,” which is essentially a myth.

So, what is this myth all about? Can a lawsuit under the labor law be worth a million dollars? As usual, we, here at Miletti Law®, are diligent at providing information aimed at keeping our unusually motivated® in the know and informed about misconceptions and misinterpretations of legal issues. In this regard, this discussion is based on a key training video titled “Dispelling The Myth Of The Million-Dollar Lawsuit,” both prepared and narrated by the one and only Vinny Miletti Esq. As the title suggests, we aim to dispel the million-dollar lawsuit myth and shed light on this matter.

Well, shall we boil down to it? I bet that is a yes!

While it is a frequently emerging issue, whether a lawsuit could be worth a million dollars is a major concern for most litigants, specifically plaintiffs or complainants. In fact, most plaintiffs make haste to sue their employers, hoping and thinking that their lawsuits would be worth that much. However, it is critical to point out something as early as now. When it concerns employment and labor law, it is very rare to get runaway damages, a runaway jury, or unlimited numbers in terms of compensation and relief.

From experience, we frequently receive calls and emails from clients with misconceptions that lawsuits under the labor law, such as discrimination or retaliation, would be similar to personal injury cases, where an employee suffers a physical injury, such as a broken limb, or is even dismembered while at work. Usually, personal injury cases are taken very seriously, and victims get huge verdicts, particularly now that almost every employee has insurance coverage. Generally, victims of personal injuries receive lots of sympathy and empathy from the jury and, thus, are awarded huge monies, especially due to the involvement of insurance companies.

However, almost all other lawsuits under the employment and labor law are not treated the same. While most laws are usually very complex to navigate, particularly without the legal support of an attorney, employment and labor law is a highly regulated industry. For starters, insurance companies rarely retain attorneys, even if you are covered. These companies also agree to take less rates and have standard models that have gone back and forth in the insurance industry for years. A typical standard model would generally be based on your annual salary, the back pay (from the date of termination, if that is the case, to the date of trial), the front pay (generally between two to five years), and emotional distress.

This goes without saying that most cases under the labor law will be at most $100,000. Most cases will be less than $100 grand if you are looking to settle. In fact, for the most part, while it will be keyed to what an insurance company wants to offer, settlement is generally based on the coverage structure of the insurance company in question. For example, an insurance company will have an adjuster handling the case, and, in turn, this individual has a certain level of authority under which your case will fall. Unless you make it to trial, which again is not guaranteed, the whole process may take three to four years.

The point is that just because you, as an employee, were harassed or discriminated against by your employer and feel the need to take legal action, it does not mean that your lawsuit will be worth a million dollars. Most clients will call or send us emails saying that their employer did something naughty, called them names, yelled at them, maltreated and mistreated them, and things like that. It has been the case for a long time, and no one told you, but the employment and labor law is not a moral code. It is also common knowledge that employers can be assholes, mean, rude, hot-tempered, disrespectful, and such, but it is within their rights to be so. Just because your employer had a bad mood and yelled at you and claimed that you have become lazy does not imply that you can then have a million-dollar lawsuit. However, you will know the line has been crossed when an employer does something, such as making disrespectful or discriminatory remarks based on a protected category under the labor law, such as race, gender, or color, among many others.

Well, we are a law firm and discouraging you from suing your employer is the last thing we will ever do! In any case, you should seek the services of an attorney, and a reliable one, for that matter, who will have your six as you move from point A to point B during the litigation process. Our doors at the firm are always open, and our team, led by Vinny, is always ready to provide you with the best, most reliable, and most efficient legal representation. However, when you make that call, we may need to tame and trim your expectations and let you have the truth for what it is. This is because you may have been lied to for a long time or have taken your belief in the million-dollar lawsuit myth too far. Yes, it is good to be optimistic, but the fact of the matter is that, unless it is a case involving a personal injury, as mentioned earlier, most lawsuits under the employment and labor law will never settle for more than $100,000. It is also critical to keep in mind that statistics show that most cases at trial in the employment industry are worth $300,000.

With that much, feel free to view our video accessible at https://www.youtube.com/watch?v=Blrwbr3_yPg and get it yourself directly from the horse’s mouth. Otherwise, in case you need further clarification regarding the information shared in the video and this blog post or require our services, we are just a call or email away!

As we continue dropping knowledge bombs every day, stay tuned for more educative videos, inspiring training, & legal advice. As usual, stay tuned for more legal guidance, training, and education.

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Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.